May 31, 2020
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CS/CS/HB 665

1
A bill to be entitled
2An act relating to affordable housing; amending s.
3159.608, F.S.; providing a housing finance authority with
4an additional purpose for which it may exercise its power
5to borrow; amending s. 163.3177, F.S.; revising provisions
6relating to the elements of local comprehensive plans to
7include an element for affordable housing for seniors;
8providing for the disposition of real property by a local
9government for the development of affordable housing;
10amending s. 201.15, F.S.; revising the allocation of
11certain proceeds distributed from the excise tax on
12documents that are paid into the State Treasury to the
13credit of the State Housing Trust Fund; providing for
14retroactive repeal of s. 8, ch. 2009-131, Laws of Florida,
15to eliminate a conflicting version of s. 201.15, F.S.;
16amending s. 420.0003, F.S.; providing additional policy
17guidelines under the state housing strategy for the
18development of programs for housing production or
19rehabilitation; including the needs of persons with
20special needs in the strategy's periodic review and
21report; amending s. 420.0004, F.S.; defining the terms
22"disabling condition" and "person with special needs";
23conforming cross-references; amending s. 420.507, F.S.;
24requiring certain rates of interest to be made available
25to sponsors of projects for persons with special needs;
26providing additional powers of the corporation relating to
27receipt of federal funds; revising powers of the
28corporation relating to criteria establishing a preference
29for eligible developers and general contractors;
30conforming a cross-reference; amending s. 420.5087, F.S.;
31limiting the reservation of funds within each notice of
32fund availability to the persons with special needs tenant
33group; including persons with special needs as a tenant
34group for specified purposes of the State Apartment
35Incentive Loan Program; revising and providing criteria to
36be used by a specified review committee for the
37competitive ranking of applications for such program;
38conforming a cross-reference; amending ss. 163.31771,
39212.08, 215.5586, and 420.503, F.S.; conforming cross-
40references; providing legislative intent; prohibiting
41funds from the State Housing Trust Fund or the Local
42Government Housing Trust Fund that are appropriated for
43specified programs from being used for certain purposes;
44providing for future repeal; providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Subsection (11) is added to section 159.608,
49Florida Statutes, to read:
50     159.608  Powers of housing finance authorities.-A housing
51finance authority shall constitute a public body corporate and
52politic, exercising the public and essential governmental
53functions set forth in this act, and shall exercise its power to
54borrow only for the purpose as provided herein:
55     (11)  To invest and reinvest surplus funds of the housing
56finance authority in accordance with s. 218.415. However, in
57addition to the investments expressly authorized in ss.
58218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
59may invest surplus funds in interest-bearing time deposits or
60savings accounts that are fully insured by the Federal Deposit
61Insurance Corporation regardless of whether the bank or
62financial institution in which the deposit or investment is made
63is a qualified public depository as defined in s. 280.02. This
64subsection is supplementary to and may not be construed as
65limiting any powers of a housing finance authority or providing
66or implying a limiting construction of any other statutory
67provision.
68     Section 2.  Paragraph (f) of subsection (6) of section
69163.3177, Florida Statutes, is amended to read:
70     163.3177  Required and optional elements of comprehensive
71plan; studies and surveys.-
72     (6)  In addition to the requirements of subsections (1)-(5)
73and (12), the comprehensive plan shall include the following
74elements:
75     (f)1.  A housing element consisting of standards, plans,
76and principles to be followed in:
77     a.  The provision of housing for all current and
78anticipated future residents of the jurisdiction.
79     b.  The elimination of substandard dwelling conditions.
80     c.  The structural and aesthetic improvement of existing
81housing.
82     d.  The provision of adequate sites for future housing,
83including affordable workforce housing as defined in s.
84380.0651(3)(j), housing for low-income, very low-income, and
85moderate-income families, mobile homes, affordable housing for
86seniors, and group home facilities and foster care facilities,
87with supporting infrastructure and public facilities. Real
88property that is conveyed to a local government for affordable
89housing under this sub-subparagraph shall be disposed of by the
90local government pursuant to s. 125.379 or s. 166.0451.
91     e.  Provision for relocation housing and identification of
92historically significant and other housing for purposes of
93conservation, rehabilitation, or replacement.
94     f.  The formulation of housing implementation programs.
95     g.  The creation or preservation of affordable housing to
96minimize the need for additional local services and avoid the
97concentration of affordable housing units only in specific areas
98of the jurisdiction.
99     h.  Energy efficiency in the design and construction of new
100housing.
101     i.  Use of renewable energy resources.
102     j.  Each county in which the gap between the buying power
103of a family of four and the median county home sale price
104exceeds $170,000, as determined by the Florida Housing Finance
105Corporation, and which is not designated as an area of critical
106state concern shall adopt a plan for ensuring affordable
107workforce housing. At a minimum, the plan shall identify
108adequate sites for such housing. For purposes of this sub-
109subparagraph, the term "workforce housing" means housing that is
110affordable to natural persons or families whose total household
111income does not exceed 140 percent of the area median income,
112adjusted for household size.
113     k.  As a precondition to receiving any state affordable
114housing funding or allocation for any project or program within
115the jurisdiction of a county that is subject to sub-subparagraph
116j., a county must, by July 1 of each year, provide certification
117that the county has complied with the requirements of sub-
118subparagraph j.
119
120The goals, objectives, and policies of the housing element must
121be based on the data and analysis prepared on housing needs,
122including the affordable housing needs assessment. State and
123federal housing plans prepared on behalf of the local government
124must be consistent with the goals, objectives, and policies of
125the housing element. Local governments are encouraged to use job
126training, job creation, and economic solutions to address a
127portion of their affordable housing concerns.
128     2.  To assist local governments in housing data collection
129and analysis and assure uniform and consistent information
130regarding the state's housing needs, the state land planning
131agency shall conduct an affordable housing needs assessment for
132all local jurisdictions on a schedule that coordinates the
133implementation of the needs assessment with the evaluation and
134appraisal reports required by s. 163.3191. Each local government
135shall utilize the data and analysis from the needs assessment as
136one basis for the housing element of its local comprehensive
137plan. The agency shall allow a local government the option to
138perform its own needs assessment, if it uses the methodology
139established by the agency by rule.
140     Section 3.  Subsections (9), (10), and (13) of section
141201.15, Florida Statutes, as amended by chapters 2009-17, 2009-
14221, and 2009-68, Laws of Florida, are amended to read:
143     201.15  Distribution of taxes collected.-All taxes
144collected under this chapter are subject to the service charge
145imposed in s. 215.20(1). Prior to distribution under this
146section, the Department of Revenue shall deduct amounts
147necessary to pay the costs of the collection and enforcement of
148the tax levied by this chapter. Such costs and the service
149charge may not be levied against any portion of taxes pledged to
150debt service on bonds to the extent that the costs and service
151charge are required to pay any amounts relating to the bonds.
152After distributions are made pursuant to subsection (1), all of
153the costs of the collection and enforcement of the tax levied by
154this chapter and the service charge shall be available and
155transferred to the extent necessary to pay debt service and any
156other amounts payable with respect to bonds authorized before
157January 1, 2010, secured by revenues distributed pursuant to
158subsection (1). All taxes remaining after deduction of costs and
159the service charge shall be distributed as follows:
160     (9)  Seven and fifty-three hundredths The lesser of 7.53
161percent of the remaining taxes or $107 million in each fiscal
162year shall be paid into the State Treasury to the credit of the
163State Housing Trust Fund and used as follows:
164     (a)  Half of that amount shall be used for the purposes for
165which the State Housing Trust Fund was created and exists by
166law.
167     (b)  Half of that amount shall be paid into the State
168Treasury to the credit of the Local Government Housing Trust
169Fund and used for the purposes for which the Local Government
170Housing Trust Fund was created and exists by law.
171     (10)  Eight and sixty-six hundredths The lesser of 8.66
172percent of the remaining taxes or $136 million in each fiscal
173year shall be paid into the State Treasury to the credit of the
174State Housing Trust Fund and used as follows:
175     (a)  Twelve and one-half percent of that amount shall be
176deposited into the State Housing Trust Fund and be expended by
177the Department of Community Affairs and by the Florida Housing
178Finance Corporation for the purposes for which the State Housing
179Trust Fund was created and exists by law.
180     (b)  Eighty-seven and one-half percent of that amount shall
181be distributed to the Local Government Housing Trust Fund and
182used for the purposes for which the Local Government Housing
183Trust Fund was created and exists by law. Funds from this
184category may also be used to provide for state and local
185services to assist the homeless.
186     (13)  Beginning July 1, 2008, in each fiscal year that the
187remaining taxes collected under this chapter exceed collections
188in the prior fiscal year, the stated maximum dollar amounts
189provided in subsections (2), (4), (6), and (7), (9), and (10)
190shall each be increased by an amount equal to 10 percent of the
191increase in the remaining taxes collected under this chapter
192multiplied by the applicable percentage provided in those
193subsections.
194     Section 4.  Section 8 of chapter 2009-131, Laws of Florida,
195is repealed, retroactive to June 30, 2009.
196     Section 5.  Paragraph (e) of subsection (3) and paragraph
197(c) of subsection (4) of section 420.0003, Florida Statutes, are
198amended to read:
199     420.0003  State housing strategy.-
200     (3)  POLICIES.-
201     (e)  Housing production or rehabilitation programs.-New
202programs for housing production or rehabilitation shall be
203developed in accordance with the following general guidelines as
204appropriate for the purpose of the specific program:
205     1.  State and local governments shall provide incentives to
206encourage the private sector to be the primary delivery vehicle
207for the development of affordable housing.
208     2.  State funds should be heavily leveraged to achieve the
209maximum local and private commitment of funds while achieving
210the program objectives.
211     3.  To the maximum extent possible, state funds should be
212expended to provide housing units rather than to support program
213administration.
214     4.  State money should be used, when possible, as loans
215rather than grants.
216     5.  State funds should be available only to local
217governments that provide incentives or financial assistance for
218housing.
219     6.  State funds should be made available only for projects
220which are consistent with the local government comprehensive
221plan.
222     7.  State funding for housing should not be made available
223to local governments whose comprehensive plans have been found
224not in compliance with chapter 163 and who have not entered into
225a stipulated settlement agreement with the Department of
226Community Affairs to bring the plan into compliance.
227     8.  Mixed income projects should be encouraged, to avoid a
228concentration of low-income residents in one area or project.
229     9.  Distribution of state housing funds should be flexible
230and consider the regional and local needs, resources, and
231capabilities of housing producers.
232     10.  Distribution of housing funds for multifamily rental
233housing should be administered to address the housing needs of
234persons most in need of housing.
235     11.10.  Income levels used to determine program eligibility
236should be adjusted for family size in determining the
237eligibility of specific beneficiaries.
238     12.11.  To the maximum extent possible, state-owned lands
239that are appropriate for the development of affordable housing
240shall be made available for that purpose.
241     (4)  IMPLEMENTATION.-The Department of Community Affairs
242and the Florida Housing Finance Corporation in carrying out the
243strategy articulated herein shall have the following duties:
244     (c)  The Shimberg Center for Affordable Housing, in
245consultation with the Department of Community Affairs and the
246Florida Housing Finance Corporation, shall review and evaluate
247existing housing rehabilitation, production, and finance
248programs to determine their consistency with relevant policies
249in this section and identify the needs of specific populations,
250including, but not limited to, elderly persons, and handicapped
251persons, and persons with special needs, and shall recommend
252statutory modifications where appropriate. The Shimberg Center
253for Affordable Housing, in consultation with the Department of
254Community Affairs and the corporation, shall also evaluate the
255degree of coordination between state housing programs, and
256between state, federal, and local housing activities, and shall
257recommend improved program linkages. The recommendations
258required above and a report of any programmatic modifications
259made as a result of these policies shall be included in the
260housing report required by s. 420.6075, beginning December 31,
2611991, and every 5 years thereafter.
262     Section 6.  Section 420.0004, Florida Statutes, is amended
263to read:
264     420.0004  Definitions.-As used in this part, unless the
265context otherwise indicates:
266     (1)  "Adjusted for family size" means adjusted in a manner
267which results in an income eligibility level which is lower for
268households with fewer than four people, or higher for households
269with more than four people, than the base income eligibility
270determined as provided in subsection (9) (8), subsection (11)
271(10), subsection (12) (11), or subsection (17) (15), based upon
272a formula as established by the United States Department of
273Housing and Urban Development.
274     (2)  "Adjusted gross income" means all wages, assets,
275regular cash or noncash contributions or gifts from persons
276outside the household, and such other resources and benefits as
277may be determined to be income by the United States Department
278of Housing and Urban Development, adjusted for family size, less
279deductions allowable under s. 62 of the Internal Revenue Code.
280     (3)  "Affordable" means that monthly rents or monthly
281mortgage payments including taxes, insurance, and utilities do
282not exceed 30 percent of that amount which represents the
283percentage of the median adjusted gross annual income for the
284households as indicated in subsection (9) (8), subsection (11)
285(10), subsection (12) (11), or subsection (17) (15).
286     (4)  "Corporation" means the Florida Housing Finance
287Corporation.
288     (5)  "Community-based organization" or "nonprofit
289organization" means a private corporation organized under
290chapter 617 to assist in the provision of housing and related
291services on a not-for-profit basis and which is acceptable to
292federal and state agencies and financial institutions as a
293sponsor of low-income housing.
294     (6)  "Department" means the Department of Community
295Affairs.
296     (7)  "Disabling condition" means a diagnosable substance
297abuse disorder, serious mental illness, developmental
298disability, or chronic physical illness or disability, or the
299co-occurrence of two or more of these conditions, and a
300determination that the condition is:
301     (a)  Expected to be of long-continued and indefinite
302duration; and
303     (b)  Not expected to impair the ability of the person with
304special needs to live independently with appropriate supports.
305     (8)(7)  "Elderly" describes persons 62 years of age or
306older.
307     (9)(8)  "Extremely-low-income persons" means one or more
308natural persons or a family whose total annual household income
309does not exceed 30 percent of the median annual adjusted gross
310income for households within the state. The Florida Housing
311Finance Corporation may adjust this amount annually by rule to
312provide that in lower income counties, extremely low income may
313exceed 30 percent of area median income and that in higher
314income counties, extremely low income may be less than 30
315percent of area median income.
316     (10)(9)  "Local public body" means any county,
317municipality, or other political subdivision, or any housing
318authority as provided by chapter 421, which is eligible to
319sponsor or develop housing for farmworkers and very-low-income
320and low-income persons within its jurisdiction.
321     (11)(10)  "Low-income persons" means one or more natural
322persons or a family, the total annual adjusted gross household
323income of which does not exceed 80 percent of the median annual
324adjusted gross income for households within the state, or 80
325percent of the median annual adjusted gross income for
326households within the metropolitan statistical area (MSA) or, if
327not within an MSA, within the county in which the person or
328family resides, whichever is greater.
329     (12)(11)  "Moderate-income persons" means one or more
330natural persons or a family, the total annual adjusted gross
331household income of which is less than 120 percent of the median
332annual adjusted gross income for households within the state, or
333120 percent of the median annual adjusted gross income for
334households within the metropolitan statistical area (MSA) or, if
335not within an MSA, within the county in which the person or
336family resides, whichever is greater.
337     (13)  "Person with special needs" means an adult person
338requiring independent living services in order to maintain
339housing or develop independent living skills and who has a
340disabling condition; a young adult formerly in foster care who
341is eligible for services under s. 409.1451(5); a survivor of
342domestic violence as defined in s. 741.28; or a person receiving
343benefits under the Social Security Disability Insurance (SSDI)
344program or the Supplemental Security Income (SSI) program or
345from veterans' disability benefits.
346     (14)(12)  "Student" means any person not living with his or
347her parent or guardian who is eligible to be claimed by his or
348her parent or guardian as a dependent under the federal income
349tax code and who is enrolled on at least a half-time basis in a
350secondary school, career center, community college, college, or
351university.
352     (15)(13)  "Substandard" means:
353     (a)  Any unit lacking complete plumbing or sanitary
354facilities for the exclusive use of the occupants;
355     (b)  A unit which is in violation of one or more major
356sections of an applicable housing code and where such violation
357poses a serious threat to the health of the occupant; or
358     (c)  A unit that has been declared unfit for human
359habitation but that could be rehabilitated for less than 50
360percent of the property value.
361     (16)(14)  "Substantial rehabilitation" means repair or
362restoration of a dwelling unit where the value of such repair or
363restoration exceeds 40 percent of the value of the dwelling.
364     (17)(15)  "Very-low-income persons" means one or more
365natural persons or a family, not including students, the total
366annual adjusted gross household income of which does not exceed
36750 percent of the median annual adjusted gross income for
368households within the state, or 50 percent of the median annual
369adjusted gross income for households within the metropolitan
370statistical area (MSA) or, if not within an MSA, within the
371county in which the person or family resides, whichever is
372greater.
373     Section 7.  Paragraph (a) of subsection (22) and
374subsections (33), (46), and (47) of section 420.507, Florida
375Statutes, are amended to read:
376     420.507  Powers of the corporation.-The corporation shall
377have all the powers necessary or convenient to carry out and
378effectuate the purposes and provisions of this part, including
379the following powers which are in addition to all other powers
380granted by other provisions of this part:
381     (22)  To develop and administer the State Apartment
382Incentive Loan Program. In developing and administering that
383program, the corporation may:
384     (a)  Make first, second, and other subordinated mortgage
385loans including variable or fixed rate loans subject to
386contingent interest for all State Apartment Incentive Loans
387provided in this chapter based upon available cash flow of the
388projects. The corporation shall make loans exceeding 25 percent
389of project cost only to nonprofit organizations and public
390bodies that are able to secure grants, donations of land, or
391contributions from other sources and to projects meeting the
392criteria of subparagraph 1. Mortgage loans shall be made
393available at the following rates of interest:
394     1.  Zero to 3 percent interest for sponsors of projects
395that set aside at least 80 percent of their total units for
396residents qualifying as farmworkers, commercial fishing workers,
397or the homeless as defined in s. 420.621, or persons with
398special needs as defined in s. 420.0004(13) over the life of the
399loan.
400     2.  Zero to 3 percent interest based on the pro rata share
401of units set aside for homeless residents or persons with
402special needs if the total of such units is less than 80 percent
403of the units in the borrower's project.
404     3.  One to 9 percent interest for sponsors of projects
405targeted at populations other than farmworkers, commercial
406fishing workers, or the homeless, or persons with special needs.
407     (33)  To receive federal funding in connection with the
408corporation's programs directly from the Federal Government and
409to receive federal funds for which no corresponding program has
410been created in statute and establish selection criteria for
411such funds by request for proposals or other competitive
412solicitation.
413     (46)  To require, as a condition of financing a multifamily
414rental project, that an agreement be recorded in the official
415records of the county where the real property is located, which
416requires that the project be used for housing defined as
417affordable in s. 420.0004(3) by persons defined in s.
418420.0004(9)(8), (11)(10), (12)(11), and (17)(15). Such an
419agreement is a state land use regulation that limits the highest
420and best use of the property within the meaning of s.
421193.011(2).
422     (47)  To provide by rule, in connection with any
423corporation competitive program, criteria establishing a
424preference for developers and general contractors who are either
425domiciled in this state or who and for developers and general
426contractors, regardless of domicile, who have substantial
427experience in developing or building affordable housing through
428the corporation's programs in the case of developers or in
429building multifamily housing in the case of general contractors.
430     (a)  In evaluating whether developers and a developer or
431general contractors are contractor is domiciled in this state,
432the corporation shall consider whether the developer's or
433general contractor's principal office is located in this state
434and whether a majority of the developer's and or general
435contractor's principals and financial beneficiaries with a 50-
436percent or more financial interest in a project reside in this
437state Florida. If a developer entity is an affiliate of a parent
438entity, the parent entity and its guarantors must reside in this
439state.
440     (b)  In evaluating whether the developer has a developer or
441general contractor has substantial experience, the corporation
442shall consider whether the developer or general contractor has
443completed at least five developments since 2003 using funds or
444allocations either provided by or administered by the
445corporation. As used in this paragraph, the term "completed"
446means the date of the IRS Form 8609 for buildings containing a
447majority of the units in developments involving federal low-
448income housing tax credits. In evaluating whether a general
449contractor has substantial experience, the corporation shall
450consider whether the general contractor has received a final
451certificate of occupancy in connection with at least five
452multifamily housing developments since 2003.
453     (c)  The corporation shall adopt rules applying the
454criteria of this subsection to its competitive programs before
455the opening of the next universal application cycle after the
456effective date of this act. However, such rules shall not apply
457to projects that have received an allocation of HOPE VI funding
458from the United States Department of Housing and Urban
459Development if such projects were the subject of a contract
460between a local housing authority and a development partner
461before the effective date of this act and such projects are
462subject to the time limits for use of the HOPE VI funds.
463     Section 8.  Subsection (3) and paragraph (c) of subsection
464(6) of section 420.5087, Florida Statutes, are amended to read:
465     420.5087  State Apartment Incentive Loan Program.-There is
466hereby created the State Apartment Incentive Loan Program for
467the purpose of providing first, second, or other subordinated
468mortgage loans or loan guarantees to sponsors, including for-
469profit, nonprofit, and public entities, to provide housing
470affordable to very-low-income persons.
471     (3)  During the first 6 months of loan or loan guarantee
472availability, program funds shall be reserved for use by
473sponsors who provide the housing set-aside required in
474subsection (2) for the tenant groups designated in this
475subsection. The reservation of funds to each of these groups
476shall be determined using the most recent statewide very-low-
477income rental housing market study available at the time of
478publication of each notice of fund availability required by
479paragraph (6)(b). The reservation of funds within each notice of
480fund availability to the tenant groups in paragraphs (a), (b),
481and (e) (d) may not be less than 10 percent of the funds
482available at that time. Any increase in funding required to
483reach the 10-percent minimum must be taken from the tenant group
484that has the largest reservation. The reservation of funds
485within each notice of fund availability to the tenant group in
486paragraph (c) may not be less than 5 percent of the funds
487available at that time. The reservation of funds within each
488notice of fund availability to the tenant group in paragraph (d)
489may not be more than 10 percent of the funds available at that
490time. The tenant groups are:
491     (a)  Commercial fishing workers and farmworkers;
492     (b)  Families;
493     (c)  Persons who are homeless;
494     (d)  Persons with special needs; and
495     (e)(d)  Elderly persons. Ten percent of the amount reserved
496for the elderly shall be reserved to provide loans to sponsors
497of housing for the elderly for the purpose of making building
498preservation, health, or sanitation repairs or improvements
499which are required by federal, state, or local regulation or
500code, or lifesafety or security-related repairs or improvements
501to such housing. Such a loan may not exceed $750,000 per housing
502community for the elderly. In order to receive the loan, the
503sponsor of the housing community must make a commitment to match
504at least 5 percent of the loan amount to pay the cost of such
505repair or improvement. The corporation shall establish the rate
506of interest on the loan, which may not exceed 3 percent, and the
507term of the loan, which may not exceed 15 years; however, if the
508lien of the corporation's encumbrance is subordinate to the lien
509of another mortgagee, then the term may be made coterminous with
510the longest term of the superior lien. The term of the loan
511shall be based on a credit analysis of the applicant. The
512corporation may forgive indebtedness for a share of the loan
513attributable to the units in a project reserved for extremely-
514low-income elderly by nonprofit organizations, as defined in s.
515420.0004(5), where the project has provided affordable housing
516to the elderly for 15 years or more. The corporation shall
517establish, by rule, the procedure and criteria for receiving,
518evaluating, and competitively ranking all applications for loans
519under this paragraph. A loan application must include evidence
520of the first mortgagee's having reviewed and approved the
521sponsor's intent to apply for a loan. A nonprofit organization
522or sponsor may not use the proceeds of the loan to pay for
523administrative costs, routine maintenance, or new construction.
524     (6)  On all state apartment incentive loans, except loans
525made to housing communities for the elderly to provide for
526lifesafety, building preservation, health, sanitation, or
527security-related repairs or improvements, the following
528provisions shall apply:
529     (c)  The corporation shall provide by rule for the
530establishment of a review committee composed of the department
531and corporation staff and shall establish by rule a scoring
532system for evaluation and competitive ranking of applications
533submitted in this program, including, but not limited to, the
534following criteria:
535     1.  Tenant income and demographic targeting objectives of
536the corporation.
537     2.  Targeting objectives of the corporation which will
538ensure an equitable distribution of loans between rural and
539urban areas.
540     3.  Sponsor's agreement to reserve the units for persons or
541families who have incomes below 50 percent of the state or local
542median income, whichever is higher, for a time period to exceed
543the minimum required by federal law or the provisions of this
544part.
545     4.  Sponsor's agreement to reserve more than:
546     a.  Twenty percent of the units in the project for persons
547or families who have incomes that do not exceed 50 percent of
548the state or local median income, whichever is higher; or
549     b.  Forty percent of the units in the project for persons
550or families who have incomes that do not exceed 60 percent of
551the state or local median income, whichever is higher, without
552requiring a greater amount of the loans as provided in this
553section.
554     5.  Provision for tenant counseling.
555     6.  Sponsor's agreement to accept rental assistance
556certificates or vouchers as payment for rent.
557     7.  Projects requiring the least amount of a state
558apartment incentive loan compared to overall project cost except
559that the share of the loan attributable to units serving
560extremely-low-income persons shall be excluded from this
561requirement.
562     8.  Local government contributions and local government
563comprehensive planning and activities that promote affordable
564housing.
565     9.  Project feasibility.
566     10.  Economic viability of the project.
567     11.  Commitment of first mortgage financing.
568     12.  Sponsor's prior experience, including whether the
569developer and general contractor have substantial experience, as
570provided in s. 420.507(47).
571     12.13.  Sponsor's ability to proceed with construction.
572     13.14.  Projects that directly implement or assist welfare-
573to-work transitioning.
574     14.15.  Projects that reserve units for extremely-low-
575income persons.
576     15.16.  Projects that include green building principles,
577storm-resistant construction, or other elements that reduce
578long-term costs relating to maintenance, utilities, or
579insurance.
580     16.17.  Domicile or substantial experience of the developer
581and general contractor, as provided in s. 420.507(47).
582     17.  Projects that reserve units for persons with special
583needs, provided services for such persons are available to the
584project.
585     Section 9.  Paragraphs (d), (e), (f), and (g) of subsection
586(2) of section 163.31771, Florida Statutes, are amended to read:
587     163.31771  Accessory dwelling units.-
588     (2)  As used in this section, the term:
589     (d)  "Low-income persons" has the same meaning as in s.
590420.0004(11)(10).
591     (e)  "Moderate-income persons" has the same meaning as in
592s. 420.0004(12)(11).
593     (f)  "Very-low-income persons" has the same meaning as in
594s. 420.0004(17)(15).
595     (g)  "Extremely-low-income persons" has the same meaning as
596in s. 420.0004(9)(8).
597     Section 10.  Paragraph (o) of subsection (5) of section
598212.08, Florida Statutes, is amended to read:
599     212.08  Sales, rental, use, consumption, distribution, and
600storage tax; specified exemptions.-The sale at retail, the
601rental, the use, the consumption, the distribution, and the
602storage to be used or consumed in this state of the following
603are hereby specifically exempt from the tax imposed by this
604chapter.
605     (5)  EXEMPTIONS; ACCOUNT OF USE.-
606     (o)  Building materials in redevelopment projects.-
607     1.  As used in this paragraph, the term:
608     a.  "Building materials" means tangible personal property
609that becomes a component part of a housing project or a mixed-
610use project.
611     b.  "Housing project" means the conversion of an existing
612manufacturing or industrial building to housing units in an
613urban high-crime area, enterprise zone, empowerment zone, Front
614Porch Community, designated brownfield area, or urban infill
615area and in which the developer agrees to set aside at least 20
616percent of the housing units in the project for low-income and
617moderate-income persons or the construction in a designated
618brownfield area of affordable housing for persons described in
619s. 420.0004(9)(8), (11)(10), (12)(11), or (17)(15) or in s.
620159.603(7).
621     c.  "Mixed-use project" means the conversion of an existing
622manufacturing or industrial building to mixed-use units that
623include artists' studios, art and entertainment services, or
624other compatible uses. A mixed-use project must be located in an
625urban high-crime area, enterprise zone, empowerment zone, Front
626Porch Community, designated brownfield area, or urban infill
627area, and the developer must agree to set aside at least 20
628percent of the square footage of the project for low-income and
629moderate-income housing.
630     d.  "Substantially completed" has the same meaning as
631provided in s. 192.042(1).
632     2.  Building materials used in the construction of a
633housing project or mixed-use project are exempt from the tax
634imposed by this chapter upon an affirmative showing to the
635satisfaction of the department that the requirements of this
636paragraph have been met. This exemption inures to the owner
637through a refund of previously paid taxes. To receive this
638refund, the owner must file an application under oath with the
639department which includes:
640     a.  The name and address of the owner.
641     b.  The address and assessment roll parcel number of the
642project for which a refund is sought.
643     c.  A copy of the building permit issued for the project.
644     d.  A certification by the local building code inspector
645that the project is substantially completed.
646     e.  A sworn statement, under penalty of perjury, from the
647general contractor licensed in this state with whom the owner
648contracted to construct the project, which statement lists the
649building materials used in the construction of the project and
650the actual cost thereof, and the amount of sales tax paid on
651these materials. If a general contractor was not used, the owner
652shall provide this information in a sworn statement, under
653penalty of perjury. Copies of invoices evidencing payment of
654sales tax must be attached to the sworn statement.
655     3.  An application for a refund under this paragraph must
656be submitted to the department within 6 months after the date
657the project is deemed to be substantially completed by the local
658building code inspector. Within 30 working days after receipt of
659the application, the department shall determine if it meets the
660requirements of this paragraph. A refund approved pursuant to
661this paragraph shall be made within 30 days after formal
662approval of the application by the department.
663     4.  The department shall establish by rule an application
664form and criteria for establishing eligibility for exemption
665under this paragraph.
666     5.  The exemption shall apply to purchases of materials on
667or after July 1, 2000.
668     Section 11.  Paragraphs (a) and (g) of subsection (2) of
669section 215.5586, Florida Statutes, are amended to read:
670     215.5586  My Safe Florida Home Program.-There is
671established within the Department of Financial Services the My
672Safe Florida Home Program. The department shall provide fiscal
673accountability, contract management, and strategic leadership
674for the program, consistent with this section. This section does
675not create an entitlement for property owners or obligate the
676state in any way to fund the inspection or retrofitting of
677residential property in this state. Implementation of this
678program is subject to annual legislative appropriations. It is
679the intent of the Legislature that the My Safe Florida Home
680Program provide trained and certified inspectors to perform
681inspections for owners of site-built, single-family, residential
682properties and grants to eligible applicants as funding allows.
683The program shall develop and implement a comprehensive and
684coordinated approach for hurricane damage mitigation that may
685include the following:
686     (2)  MITIGATION GRANTS.-Financial grants shall be used to
687encourage single-family, site-built, owner-occupied, residential
688property owners to retrofit their properties to make them less
689vulnerable to hurricane damage.
690     (a)  For a homeowner to be eligible for a grant, the
691following criteria must be met:
692     1.  The homeowner must have been granted a homestead
693exemption on the home under chapter 196.
694     2.  The home must be a dwelling with an insured value of
695$300,000 or less. Homeowners who are low-income persons, as
696defined in s. 420.0004(11)(10), are exempt from this
697requirement.
698     3.  The home must have undergone an acceptable hurricane
699mitigation inspection after May 1, 2007.
700     4.  The home must be located in the "wind-borne debris
701region" as that term is defined in s. 1609.2, International
702Building Code (2006), or as subsequently amended.
703     5.  The building permit application for initial
704construction of the home must have been made before March 1,
7052002.
706
707An application for a grant must contain a signed or
708electronically verified statement made under penalty of perjury
709that the applicant has submitted only a single application and
710must have attached documents demonstrating the applicant meets
711the requirements of this paragraph.
712     (g)  Low-income homeowners, as defined in s.
713420.0004(11)(10), who otherwise meet the requirements of
714paragraphs (a), (c), (e), and (f) are eligible for a grant of up
715to $5,000 and are not required to provide a matching amount to
716receive the grant. Additionally, for low-income homeowners,
717grant funding may be used for repair to existing structures
718leading to any of the mitigation improvements provided in
719paragraph (e), limited to 20 percent of the grant value. The
720program may accept a certification directly from a low-income
721homeowner that the homeowner meets the requirements of s.
722420.0004(11)(10) if the homeowner provides such certification in
723a signed or electronically verified statement made under penalty
724of perjury.
725     Section 12.  Subsection (19) of section 420.503, Florida
726Statutes, is amended to read:
727     420.503  Definitions.-As used in this part, the term:
728     (19)  "Housing for the elderly" means, for purposes of s.
729420.5087(3)(e)(d), any nonprofit housing community that is
730financed by a mortgage loan made or insured by the United States
731Department of Housing and Urban Development under s. 202, s. 202
732with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the
733National Housing Act, as amended, and that is subject to income
734limitations established by the United States Department of
735Housing and Urban Development, or any program funded by the
736Rural Development Agency of the United States Department of
737Agriculture and subject to income limitations established by the
738United States Department of Agriculture. A project which
739qualifies for an exemption under the Fair Housing Act as housing
740for older persons as defined by s. 760.29(4) shall qualify as
741housing for the elderly for purposes of s. 420.5087(3)(e)(d) and
742for purposes of any loans made pursuant to s. 420.508. In
743addition, if the corporation adopts a qualified allocation plan
744pursuant to s. 42(m)(1)(B) of the Internal Revenue Code or any
745other rules that prioritize projects targeting the elderly for
746purposes of allocating tax credits pursuant to s. 420.5099 or
747for purposes of the HOME program under s. 420.5089, a project
748which qualifies for an exemption under the Fair Housing Act as
749housing for older persons as defined by s. 760.29(4) shall
750qualify as a project targeted for the elderly, if the project
751satisfies the other requirements set forth in this part.
752     Section 13.  (1)  The Legislature finds that due to the
753current economic conditions in the housing market there is a
754critical need to rehabilitate or sell excess inventory of unsold
755homes, including foreclosed homes and newly constructed homes,
756as well as a critical need for the rehabilitation and
757preservation of older, affordable apartments. The Legislature
758further finds that there is a critical need to create housing-
759related jobs and that these conditions require the targeting of
760state and local housing trust fund moneys to assist in the sale
761or rehabilitation of existing homes and the preservation and
762rehabilitation of older rental apartments.
763     (2)  Notwithstanding ss. 420.507(22)(a) and (23)(a),
764420.5087(6)(l), 420.5088, 420.5095, and 420.9075(1)(b) and
765(5)(b), Florida Statutes, funds from the State Housing Trust
766Fund or the Local Government Housing Trust Fund that are
767appropriated for use in the State Apartment Incentive Loan
768Program, Florida Homeownership Assistance Program, Community
769Workforce Housing Innovation Pilot Program, or the State Housing
770Initiatives Partnership Program may not be used to:
771     (a)  Finance or otherwise assist the construction or
772purchase of housing sold to eligible individuals, unless the
773housing unit being sold had an initial certificate of occupancy
774prior to December 31, 2009; or
775     (b)  Finance or otherwise assist in the construction or
776purchase of rental housing, unless the development being
777financed or assisted received its initial certificate of
778occupancy prior to December 31, 1995.
779
780Nothing in this section restricts the use of such funds to
781assist with the purchase of newly constructed homes that were
782completed prior to December 31, 2009, or the acquisition and
783rehabilitation of apartments that received their initial
784certificate of occupancy prior to December 31, 1995. The use of
785such funds is subject to the restrictions of the program under
786which the funding is made available.
787     (3)  This section expires July 1, 2011.
788     Section 14.  This act shall take effect July 1, 2010.


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